unit 3 Flashcards
what is the realtionship between the CPS and the court
prepare and present prosecution in court
relationship with HM court
involved in judicial law making
relationship between probation and HMP/ policeS
liase with police if there is an issue with offenders
liase with HMP if offender is recalled
relationship between HM and police
liase to ensure safe delivery of defendant
recieves those in police custody
what does crime control emphasise on
the role of the CJS in reducing and preventing crime by prosecuting and punishing the guilty
what does crime control say about the CJS
the CJS protects and serves the public through crime reduction
what theory is linked to crime control
right realism as they favour giving police greater powers
what is crime control described as
a conveyour belt to conviction where some innocent convicted as ultimate goal is convicting
what does due process emphasise on
the rights of the defendant through the presumtion of innocene, equality before the law and the right to a fair trial
what does due process say about the CJS
criminal justice should be an obstacle course to conviction as the rights of the defendant should be acknowledged at each step
what theory links to due process
left realism as they favour PACE 1984
what is social control
enforcement of certain norms and values by society
what is an internal form of social control
morality, values, traditions, religions, culture
what is moral conscience
freud says we follow society’s expectations because our superego tells us to and it makes us feel guilt
what is tradition
through socialisation we accept culture and conform to be accepted by society
what is internalisation of social rules and morality
we interbalise society’s rules and use them to tell us what is right and wrong
what is an external form of social control
family, friends, peers, teachers, agencies of control
how do agencies of social control make us conform
through cohersion (use of force to achieve outcome)
through fear of punishemnt (x2 detterent )
example: life imprisonment
what is retribution
- inflicting punishment on offenders as punishment
- ‘just deserts’, offenders need to be punished for breaking society’s moral codes
- the punishment should be propionate to the crime committed
what are some critisms for retribution
-offenders deserve forgiveness
- no help preventing future crime
what theories link to retribution
-rational choice theory- offenders think through actions so should be punished
what is rehabilitation
-punishment used to reform offenders
- reintroduces offender into society
- education, training, drug treatment and testing
what are some critisms to rehabilitation
- right realists: short term
- marxism: shifts the blame from captalism to offenders failings
what theory links to rehabilitation
- eyesneck’s personality theory: favoured aversion therapy
- cognitive theories: favour CBT and ART in reforming offenders
what is detterence
- general and individual
- punishment should be based on severity and be proportinate and not torment
what are some critisms for detterence
- half of offenders released in the first year re-offend
- how do we decide how severe a punishment is?
what theory links to detternce
right realists favour deterrence as a form of crime prevention
what is public protection
- incapacitation, removing offenders physical ability to offend
- protects society from dangerous criminals
- electronic tagging, chemical castraction of sex offenders
what are some critisms to public protection
- incapication leads to longer sentences and ‘wharehousing’ of offenders
- unjust to imprison for crimes they may commit
what theory links to public protection
- lombroso favoured detining criminals on an island far away
- right relism: incapacitation decreases crime rate
what is reparation
-offenders make amends to soceity and individual
- through financial or unpaid work
- restorative justice is where offenders make amends to the victim by connecting with them and showing remorse, reintroducing them into society
what is some critism for reparation
- doesnt work on all offences: sexual/ violent
- some say it is a too soft option and offenders get off easily
what theory links to reparation
functionalists say restorative justice is essential in balancing society
what type of prison sentences are there
custodial sentence
mandatory sentence
suspended sentence
how does prison work for retribution
- takes away freedom
- places un unpleasent living condtions
- limiting privacy
what case links to prisons and retribution
Robert Maudsley: placed in a glass box, solitary confinement to serve out sentence
what type of commuity sentences are there
-community order: set conditions
- community payback: up to 400 hours of unpaid work
- treatment programmes
how does community sentence work for reparation, detterence and retribution
- payback to community
- harsh work, hi viz jacket
what are fines
-money paid to victim by defendant in minor offences.
-amount set by court and can be sent to prison if unpaid
how does fines work for reparation, deterrence and retribution
- deprive of money
- fear of punishment if not paid